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Martynova v Russia: ECHR 26 Jun 2008

Citations: 57807/00, [2008] ECHR 563 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 August 2022; Ref: scu.270442

Polovinkin v Russia: ECHR 25 Nov 2010

Citations: 4320/05, [2010] ECHR 1831 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 09 August 2022; Ref: scu.426818

Khlaifia And Others v Italy: ECHR 15 Dec 2016

ECHR Judgment Merits and Just Satisfaction : Court Grand Chamber Citations: 16483/12, [2016] ECHR 1124 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Citing: Chamber Judgment – Khlaifia And Others v Italy ECHR 1-Sep-2015 . . Endorsed – De Souza Ribeiro v France ECHR 13-Dec-2012 (Grand Chamber) A Brazilian man was arrested … Continue reading Khlaifia And Others v Italy: ECHR 15 Dec 2016

Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

The appellant, an Iraqi national had arrived in 2000 as a child, and stayed unlawfully after failure of his asylum claim. He was convicted twice of drugs offences. On release he was considered a low risk of re-offending. He had been in a serious relationship with an English woman since 2005. However the Home Secretary … Continue reading Hesham Ali (Iraq) v Secretary of State for The Home Department: SC 16 Nov 2016

Khlaifia And Others v Italy: ECHR 1 Sep 2015

Citations: 16483/12 – Chamber Judgment, [2015] ECHR 757 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Chamber Judgment – Khlaifia And Others v Italy ECHR 15-Dec-2016 ECHR Judgment Merits and Just Satisfaction : Court Grand Chamber . . Lists of cited by and citing cases may be incomplete. Human Rights … Continue reading Khlaifia And Others v Italy: ECHR 1 Sep 2015

Ponomarev v Russia: ECHR 15 May 2008

Citations: 7672/03, [2008] ECHR 390 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 August 2022; Ref: scu.267705

Paulescu v Romania: ECHR 5 Jul 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 21700/15, [2022] ECHR 552 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 August 2022; Ref: scu.678992

Mucha v Poland: ECHR 6 Sep 2007

Citations: 32849/04, [2007] ECHR 708 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 08 August 2022; Ref: scu.259251

Northern Ireland Human Rights Commission, Re Judicial Review: CANI 27 Jun 2013

Judges: Morgan LCJ, Girvan LJ and Coghlin LJ Citations: [2013] NICA 37 Links: Bailii Statutes: Adoption (Northern Ireland) Order 1987, European Convention on Human Rights 8 14 Jurisdiction: Northern Ireland Adoption, Discrimination, Human Rights Updated: 07 August 2022; Ref: scu.513865

Borotyuk v Ukraine: ECHR 16 Dec 2010

(Fifth Section) The applicant complained, in particular, that his continued pre-trial detention had been unjustified and that he had not been legally represented in the early stages of the criminal proceedings. Held: The court summarised the general principles that are to be found in Salduz. It stated that, as a rule, access to a lawyer … Continue reading Borotyuk v Ukraine: ECHR 16 Dec 2010

Zdanoka v Latvia: ECHR 16 Mar 2006

(Grand Chamber) The applicant alleged that her disqualification from standing for election to the Latvian Parliament and to municipal elections infringed her rights as guaranteed by Article 3 of Protocol No. 1 to the Convention, and Articles 10 and 11 of the Convention. Citations: [2006] ECHR 231, [2006] ECHR 994, 58278/00 Links: Worldlii, Bailii Statutes: … Continue reading Zdanoka v Latvia: ECHR 16 Mar 2006

Mamatkulov And Askarov v Turkey: ECHR 4 Feb 2005

Grand Chamber – while there may have been reasons for doubting whether the applicants would receive a fair trial, there was not sufficient information to show that any possible irregularities in the trial were liable to constitute a flagrant denial of justice. In para O-III14 of their joint partly dissenting opinion, to which Judge Rozakis … Continue reading Mamatkulov And Askarov v Turkey: ECHR 4 Feb 2005

Nicklinson, Regina (on The Application of) v Ministry of Justice: Admn 16 Aug 2012

The claimants each suffered ‘locked in syndrome’ after catastrophic health events, and were unable to commit suicide as they would have wished. In one case, the claimant would have needed assistance to travel to a clinic in Switzerland where he could commit suicide, but the person accompanying and helping him would be at risk of … Continue reading Nicklinson, Regina (on The Application of) v Ministry of Justice: Admn 16 Aug 2012

Tarariyeva v Russia: ECHR 14 Dec 2006

A complaint was made that the authorities had failed in their duty to protect a prisoner’s life. The authorities had him in custody for two years and knew of his health problems. He was not properly treated in the penal colony. When he had acute pain, he was diagnosed with a perforated ulcer and peritonitis … Continue reading Tarariyeva v Russia: ECHR 14 Dec 2006

Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Defendants were to face trial in the US, accused of monstrous crimes. The appellant challenged the release of information to the USA by the respondent to support such prosecutions when the death penalty was a possible outcome of a conviction: ‘The issue in this case is the legality of the Government’s decision to provide mutual … Continue reading Elgizouli v Secretary of State for The Home Department: SC 25 Mar 2020

Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Criminality of Assisting Suicide not Infringing The court was asked: ‘whether the present state of the law of England and Wales relating to assisting suicide infringes the European Convention on Human Rights, and whether the code published by the Director of Public Prosecutions relating to prosecutions of those who are alleged to have assisted a … Continue reading Nicklinson and Another, Regina (on The Application of): SC 25 Jun 2014

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Pham v Secretary of State for The Home Department: SC 25 Mar 2015

The court was asked: ‘whether the Secretary of State was precluded under the British Nationality Act 1981 from making an order depriving the appellant of British citizenship because to do so would render him stateless. This turns on whether (within the meaning of article 1(1) of the 1954 Convention relating to the Status of Stateless … Continue reading Pham v Secretary of State for The Home Department: SC 25 Mar 2015

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Three applicants had lied on entry to secure admission, stayed for a considerable time, and had been treated as illegal immigrants under section 33(1). The fourth’s claim that upon being returned he would been killed, had been rejected without investigation. Held: A claim to refugee status was not an exception to the ban on appeals … Continue reading Regina v Secretary of State for the Home Department ex parte Bugdaycay: HL 19 Feb 1986

Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

The defendants had been convicted on evidence obtained from them by inspectors with statutory powers to require answers on pain of conviction. Subsequently the law changed to find such activity an infringement of a defendant’s human rights. Held: There was no requirement for a court to implement a Human Rights Court decision retrospectively to require … Continue reading Regina v Lyons, Parnes, Ronson, Saunders: HL 15 Nov 2002

Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Prisoner’s death – need for full public enquiry The deceased had been a young Asian prisoner. He was placed in a cell overnight with a prisoner known to be racist, extremely violent and mentally unstable. He was killed. The family sought an inquiry into the death. Held: There had been a police investigation and trial … Continue reading Amin, Regina (on the Application of) v Secretary of State for the Home Department: HL 16 Oct 2003

Sheydayev v Russia: ECHR 7 Dec 2006

Citations: 65859/01, [2006] ECHR 1036 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.246921

Agrokualita Eood v Romania: ECHR 5 Jul 2022

ECHR Judgment : Article 6 – Right to a fair trial : Fourth Section Committee Citations: 18669/19, [2022] ECHR 548 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678985

Ivanov And Others v Russia: ECHR 5 Jul 2022

ECHR Judgment : Article 3 – Prohibition of torture : Third Section Committee Citations: 50942/08, [2022] ECHR 551 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.678988

Bercaru v Romania: ECHR 16 Sep 2008

Citations: 8870/02, [2008] ECHR 845 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: scu.276345

Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993

ECHR Judgment (Just Satisfaction) – Pecuniary damage – claim rejected; Non-pecuniary damage – financial award; Costs and expenses partial award – domestic proceedings; Costs and expenses partial award – Convention proceedings. Citations: 14992/89, [1993] ECHR 51, 12325/86 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 07 August 2022; Ref: … Continue reading Kemmache v France (Nos. 1 And 2) (Article 50): ECHR 2 Nov 1993

MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006

Koua Poirrez v France: ECHR 2005

The weakness of the analogy between many state contributory schemes and a private pension scheme is a reason to enlarge rather than restrict the scope of 1P1, treating it as applicable to all social security benefits whether contributory or non-contributory. Citations: (2005) 40 EHRR 34 Statutes: European Convention on Human Rights 1P1 Jurisdiction: Human Rights … Continue reading Koua Poirrez v France: ECHR 2005

Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005

Zorig Batayav v the Secretary of State for the Home Department: CA 5 Nov 2003

The case of Hariri had set too high the threshold for the level of threat which would need to apply as to the propriety of returning an asylum applicant to his home country. The correct test is that the applicant need show a ‘real risk’ of har. This is a lower standard than one of … Continue reading Zorig Batayav v the Secretary of State for the Home Department: CA 5 Nov 2003

Wiercigroch v Poland: ECHR 5 Dec 2006

Citations: 14580/02, [2006] ECHR 1032 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.246929

Lilian Erhan v The Republic Of Moldova: ECHR 5 Jul 2022

ECHR Judgment : Article 6+6-3-b – Right to a fair trial : Second Section Citations: 21947/16, [2022] ECHR 546 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.678990

Pece Ristevski And P.P. Roteks: ECHR 25 Jan 2011

Citations: Bitola v the former Yugoslav Republic of Macedonia – 11993/06, [2011] ECHR 296 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.430119

Dorozhko v Russia: ECHR 26 Jun 2008

Citations: 5761/03, [2008] ECHR 549 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.270437

H Ma v Spain: ECHR 9 Apr 1996

Citations: 25399/94, [1996] ECHR 91 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 06 August 2022; Ref: scu.440303

Krasev v Russia: ECHR 26 Jun 2008

Citations: 731/04, [2008] ECHR 557 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.270441

Asnar v France: ECHR 15 Sep 2010

Citations: 12316/04, [2010] ECHR 1444 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.425034

Schmalz v Poland: ECHR 6 Sep 2007

Citations: 19177/03, [2007] ECHR 709 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.259252

Petukhov v Russia: ECHR 26 Jun 2008

Citations: 40322/02, [2008] ECHR 562 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 05 August 2022; Ref: scu.270444

Matthews, Regina (On the Application of) v HMP Swaleside: Admn 5 Oct 2009

The Claimant sought judicial review of the Defendant’s decision to refuse to allow the Claimant to submit a Tutor Marked Assessment (TMA) to the Open University Judges: William Davis QC HHJ Citations: [2009] EWHC 2397 (Admin) Links: Bailii Statutes: European Convention on Human Rights 10 Jurisdiction: England and Wales Prisons, Education, Human Rights Updated: 04 … Continue reading Matthews, Regina (On the Application of) v HMP Swaleside: Admn 5 Oct 2009

Jain and another v The United Kingdom: ECHR 16 Sep 2009

Citations: 39598/09, [2009] ECHR 1391 Links: Bailii Statutes: European Convention on Human Rights Citing: See Also – Jain and Another v Trent Strategic Health Authority CA 22-Nov-2007 The claimant argued that the defendant owed him a duty of care as proprietor of a registered nursing home in cancelling the registration of the home under the … Continue reading Jain and another v The United Kingdom: ECHR 16 Sep 2009

Gauci v Malta: ECHR 15 Sep 2009

Judges: Nicolas Bratza, P Citations: 47045/06, [2009] ECHR 1280, (2011) 52 EHRR 25 Links: Bailii Statutes: European Convention on Human Rights Citing: Grand Chamber – Hutten-Czapska v Poland ECHR 19-Jun-2006 Grand Chamber. The court considered the need for establishing a fair balance in cases under A1P1: ‘Not only must an interference with the right of … Continue reading Gauci v Malta: ECHR 15 Sep 2009

Banks v United Kingdom: ECHR 6 Feb 2007

The applicants complained of maltreatment by prison officers in breach of article 3. The matter had been investigated by the Crown Prosecution Service which had decided not to prosecute. Civil proceedings had been raised and settled. The applicants contended that, even after all that, an independent public inquiry should be held, since it was the … Continue reading Banks v United Kingdom: ECHR 6 Feb 2007

Cuciurean v The Secretary of State for Transport and Another: CA 16 Mar 2021

Appeal against findings of contempt of court by breach of an injunction prohibiting trespass on land, and against the sanctions imposed. The breaches were committed as part of a protest against the construction of the HS2 railway line. Held: Applications to commit for contempt of court in protest cases engage the rights to freedom of … Continue reading Cuciurean v The Secretary of State for Transport and Another: CA 16 Mar 2021

Clement v France: ECHR 15 Sep 2010

Citations: 37876/0, [2010] ECHR 1877 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.426924

Stanescu v Romania: ECHR 5 Jul 2022

ECHR Judgment : Article 1 of Protocol No. 1 – Protection of property : Fourth Section Committee Citations: 3861/16, [2022] ECHR 549 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 04 August 2022; Ref: scu.678993

Fazia Ali v The United Kingdom: ECHR 20 Oct 2015

The Court considered the duties imposed on housing authorities under Part VII of the 1996 Act. Held: Article 6.1 did apply, but in any event the procedure applied under the Act conformed to its requirements. Judges: Guido Raimondi, P Citations: 40378/10 (Judgment (Merits and Just Satisfaction) : Court (Fourth Section)), [2015] ECHR 924, [2015] HLR … Continue reading Fazia Ali v The United Kingdom: ECHR 20 Oct 2015

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

Rockliff v Revenue and Customs: FTTTx 25 Jun 2009

FTTTx Income tax – pension payable to husband – claim that half of pension should be assessed on wife – Income and Corporation Taxes Act 1988 sections 1 and 19, Schedule E paragraph 2 – Income Tax (Earnings and Pensions) Act 2003 sections 569, 571 and 572 – Matrimonial Causes Act 1973 sections 21A and … Continue reading Rockliff v Revenue and Customs: FTTTx 25 Jun 2009